Lustig v. USA

Lustig v. USA

Petitioner:	Alain Lustig
Respondent:	USA
Case Number:	1:2010cv04003
Filed:	May 14, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Richard J. Sullivan
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
December 8, 2010	Filing 15 OPINION AND ORDER: For the reasons listed in this Opinion and Order, the Court concludes that Petitioner effectively waived his right to collaterally attack his sentence and that, even if he did not, his claims would fail on the merits. In addition, the Court finds that Petitioner has failed to demonstrate that he received ineffective assistance of trial counsel. Accordingly, it is hereby ordered that the petition for a writ of habeas corpus is DENIED. Because Petitioner has not made a "s ubstantial showing of a denial of a constitutional right," 28 U.S.C. 2253(c)(2), a certificate of appealability will not issue. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Richard J. Sullivan on 12/8/10) (mro)

Date Filed

Document Text

December 8, 2010

Filing 15 OPINION AND ORDER: For the reasons listed in this Opinion and Order, the Court concludes that Petitioner effectively waived his right to collaterally attack his sentence and that, even if he did not, his claims would fail on the merits. In addition, the Court finds that Petitioner has failed to demonstrate that he received ineffective assistance of trial counsel. Accordingly, it is hereby ordered that the petition for a writ of habeas corpus is DENIED. Because Petitioner has not made a "s ubstantial showing of a denial of a constitutional right," 28 U.S.C. 2253(c)(2), a certificate of appealability will not issue. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Richard J. Sullivan on 12/8/10) (mro)

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Respondent: USA
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Petitioner: Alain Lustig
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